After a three hour stand-off, Orlando police officers shot and killed the
nightclub shooter responsible for the deadliest terrorist attack in the
United States since the 9/11 attacks in 2001 – 50 people dead and
another 53 injured to varying degrees. Autopsies completed by the Orange
County Medical Examiner’s Office revealed many of the victims were
shot multiple times in the front or side, and from a short distance. More
than a third were shot in the head, and most had multiple bullet wounds
and were likely shot more than 3 feet (0.91 meters) away. One does not
even want to imagine the carnage first responders saw while sorting through
the victims.

However, because Florida work comp laws specifically exclude such mental
“injuries” from coverage without a corresponding physical
injury, he does not have a workers’ compensation claim and will
not receive benefits. Not being able to work during his ongoing treatment
means his leave time is dwindling. He may soon be with no income and worries
about supporting his family.

First responders – police officers, firefighters, paramedics/EMS
– are considered to be at a higher risk for Acute Distress Disorder
(ASD) and Post-Traumatic Stress Disorder (PTSD) than most other occupations
due to high incidence of traumatic stressors in these jobs. Traumatic
Stressors are generally understood to be such incidents that (1) put the
first responder or those around him at risk for death or severe injury,
(2) witnessing or participating in incidents where rescue involves preventing
death or mitigating serious injury, (3) and various levels of witnessing
such incidents. (Clinical Psychology Review, “Treating posttraumatic
stress disorder in first responders: A systematic review.” Haugen,
2012, p.370).

While PTSD in our veteran population has been covered somewhat extensively
in the media (and definitely should be), there has not been much main
stream focus on the true impact of traumatic stressors on first responders.
The Canadian Centre for Suicide Prevention estimates in one study that
22% of paramedics will develop PTSD. Other available studies have presented
a range of rates of current PTSD from a low of 7%–19% in active
duty police officers to 46% in volunteer disaster workers responding to
an airline disaster with many other estimates falling between these extremes.
(Haugen, 2012, p. 371). In 2012, researchers from a study published in
Social Psychiatry and Psychiatric Epidemiology analyzed the results of
28 other studies that involved a total of 20,424 rescue workers from 14
different countries, including the U.S. This study concluded that at least
10% of rescue workers suffer from some form of PTSD, with risk being especially
high for paramedics/EMS.

It may be time for Florida legislators to re-evaluate the inability of
such first responders to obtain workers’ compensation coverage.
The requirement in Florida (and certain other states) for there to first
be physical injury that is then primarily responsible for the worker’s
mental health disorder does have a stated purpose in trying to reduce
fraudulent claims. Obviously, it’s easier to substantiate a physical
injury than a mental injury. However, the more recent psychiatric studies
being published show that due to the very nature of their work, first
responders face a genuine risk of developing PTSD following a traumatic
exposure without having a physical injury. Carving out a special PTSD
exception in the workers’ compensation laws for first responders
would be one way to modify the current law to keep up with our growing
knowledge about psychiatric injuries.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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